Doctors Testify About Murder Defendant’s Competency Over Four Years After Case First Opened

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A psychiatrist and psychologist hired by the Public Defender Service (PDS) testified about a murder defendant’s likelihood of becoming competent to stand trial during a Jan. 8 hearing that comes more than four years after the case first opened.

Brandon Byrd is charged with second-degree murder while armed for allegedly stabbing his father, 44-year-old Otis Byrd, in a parking garage by the Children’s Medical Center on Aug. 10, 2016.

Byrd, 25, was charged the next day. The following month, he took a forensic exam and was found incompetent to stand trial. He was sent to St. Elizabeth’s Hospital, DC’s psychiatric institution, for competency restoration treatment. He has been there ever since.

During a hearing in October 2020, DC Superior Court Judge Michael Ryan ruled that the defendant was still incompetent following a report from the Department of Behavioral Health (DBH.)

However, the report said Byrd was likely to regain competency in the foreseeable future, something with which defense attorney Craig Hickein disagreed.

Judge Ryan gave Hicken four weeks to have another study done by their own psychologist. He also granted the prosecution’s request to have another study done by the DBH.

The defendant was found incompetent again on Dec. 18. More competency restoration treatment was ordered, and the most recent report the DBH was received on Jan. 7.

During the Jan. 8 hearing, the psychiatrist testified that he has asked Byrd competency questions, but did not conduct a full competency evaluation. He said the defendant seemed willing to speak with him and answered questions.

According to his testimony, Byrd knows he is charged with murder and that 30 years is a potential consequence of being convicted of that charge. Also, the psychologist confirmed in her testimony that Byrd discussed defense strategy and identified his lawyer.

The psychiatrist said Byrd’s symptoms have improved, but are still present and impairing him from being able to participate in his defense.

He also voiced ethical concerns with pursuing medical avenues that come with certain risks when the patient is being treated against their will.

Due to time constraints, the hearing was continued to Feb. 10.

Andrea Keckley wrote this article.